| Probable cause affidavit: |
SUBMITTED BY: CHENOWETH, JACOB 0708 (AR12124260) did knowingly, willfully and feloniously be in the actual or constructive possession of a controlled substance, to-wit: MARIJUANA, in violation of Florida Statute 893.13(6)(B) DID UNLAWFULLY HAVE IN HIS ACTUAL OR CONSTRUCTIVE POSSESSION WITH THE INTENT TO USE, OR DID UNLAWFULLY USE, AN OBJECT INTENDED OR DESIGNED FOR USE IN STORING, CONCEALING OR INJECTING, INGESTING, INHALING OR OTHERWISE INTRODUCING INTO THE HUMAN BODY, A CONTROLLED SUBSTANCE, TO WIT: BLUE GLASS PIPE COMMONLY USED TO SMOKE MARIJUANA, IN VIOLATION OF FLORIDA STATE STATUTE 893.147(1); ON 010512 AT APPROXIMATELY 2216 HOURS, I WAS DISPATCHED TO 9427 SOUTH SUNCOAST BOULEVARD IN HOMOSASSA IN REFERENCE TO THE AIR UNIT OBSERVING A SUSPICIOUS VEHICLE. UPON ARRIVAL, I OBSERVED A RED MITSUBISHI ECLIPSE BEARING FLORIDA TAG L582XT IN THE NORTHEASTERN PART OF THE WALGREEN'S PARKING LOT. I THEN INITIATED CONTACT WITH THE VEHICLE WHICH WAS OCCUPIED BY A WHITE MALE DRIVER, MR MICHAEL HODGKIN'S AND A WHITE MALE PASSENGER, MR MICHAEL BUTEAU, LATER IDENTIFIED AS THE DEFENDANT. I OBSERVED BOTH SUBJECTS TO BE EXTREMELY FIDGETY AND WAS ABLE TO SMELL AN AROMA OF MARIJUANA. AT THAT TIME, "K-9" DEPUTY VIGGIANO ARRIVED ON SCENE AND CONDUCTED AN EXTERIOR SNIFF OF THE VEHICLE WITH "K-9" CONAN. "K-9" DEPUTY VIGGIANO CONDUCTED THE EXTERIOR SNIFF AND ADVISED THIS DEPUTY THAT "K-9" CONAN HAD ALERTED TO THE VEHICLE. I ASKED MR HODGKIN'S TO EXIT THE VEHICLE AND WALK BACK TO THE FRONT OF MY PATROL VEHICLE. "K-9" DEPUTY VIGGIANO THEN MADE CONTACT WITH THE DEFENDANT AND ASKED HIM TO EXIT THE VEHICLE. "K-9" DEPUTY VIGGIANO ADVISED THE DEFENDANT PROVIDED HIM WITH A BROWN PAPER BAG, WHICH CONTAINED A BLUE GLASS PIPE COMMONLY USED TO SMOKE MARIJUANA AND A CLEAR PLASTIC BAGGIE CONTAINING MARIJUANA WITH A COMBINED APPROXIMATE WEIGHT OF 1.5 GRAMS. THE DEFENDANT WAS THEN PLACED UNDER ARREST, HANDCUFFED (DOUBLE LOCKED) BEHIND HIS BACK AND SECURED IN THE REAR SEAT OF MY PATROL VEHICLE . "K-9" DEPUTY VIGGIANO CONTINUED TO SEARCH THE VEHICLE, WHICH REVEALED A CIGARETTE CELLOPHANE WRAPPER CONTAINING APPROXIMATELY 3 GRAMS OF MARIJUANA, WHICH WAS LOCATED IN THE CENTER CONSOLE OF THE VEHICLE . I READ MR HODGKIN'S HIS MIRANDA VIA AN AGENCY PREPRINTED CARD. MR HODGKIN'S ADVISED HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK WITH ME. MR HODGKIN'S WAS ASKED IF THE MARIJUANA FOUND IN THE CENTER CONSOLE OF THE VEHICLE BELONGED TO HIM. HE STATED NO AND THAT HE DID NOT HAVE ANY MARIJUANA OR THE PIPE. HOWEVER, THEY BOTH HAD JUST SMOKED JUST PRIOR TO MY ARRIVAL ON SCENE. I THEN SPOKE TO THE DEFENDANT AND READ HIM HIS MIRANDA VIA A PREPRINTED AGENCY CARD, WHICH HE ADVISED HE UNDERSTOOD HIS RIGHTS AND WISHED TO SPEAK TO ME. THE DEFENDANT ADVISED THAT ALL THE MARIJUANA INCLUDING THE CELLOPHANE WRAPPER FROM THE CENTER CONSOLE BELONGED TO HIM. THE DEFENDANT ADVISED THAT THEY WERE JUST TRYING TO CELEBRATE HIS LAST DAY OF WORKING FOR PUBLIX, AS HE WOULD BE MOVING TO INDIANA TO LIVE IN A "HIPPY CAMP". THE MARIJUANA AND THE PIPE WERE COLLECTED AND PACKAGED AND WILL BE TURNED IN TO THE CITRUS COUNTY SHERIFF'S OFFICE (CCSO) EVIDENCE DIVISION. THE DEFENDANT WAS TRANSPORTED TO CITRUS COUNTY DETENTION FACILITY (CCDF) FOR BOOKING AND PROCESSING. THE DEFENDANT 'S BOND WAS SET AT A TOTAL OF $1,000.00 PER THE BOND SCHEDULE. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
